Judge Michael Small, Case 20STCV01877 2023-05-17 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

The Court is inclined to grant Thomas's motion to consolidate this action, in which all that is left is Thomas's cross-complaint for breach of contract, with the new action that Keiller brought in which he seeks to enforce a judgment entered against Thomas in Australia.

The Court has not yet decided, however, whether the discovery cut-off date in the new action should be the same as the discovery cut-off date in this action -- a date that came and went last month. The Court will address that issue at the hearing on the motion to consolidate. To that end, the Court would like the parties to address the following questions at the hearing.

1. How does Thomas's breach of contract claim in this action tie into the effort by Keiller in the new action to enforce the foreign judgment?

2. In this action, Keiller initially sought to enforce the same foreign judgment, but later abandoned that effort in the face of a summary judgment motion filed by Thomas. Keiller then amended the complaint in this action to assert common law causes of action that were dismissed on statute of limitations grounds. Prior to withdrawing the claim for enforcement of the foreign judgment, did Keiller conduct discovery on that claim? And, if so, how much discovery was conducted?